People v. Sears
California Supreme Court
Appeal from the Court of Sessions of Sacramento. Indictment for assault with intent to commit murder upon one Martenot, by shooting at him with a pistol.
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Appeal from the Court of Sessions of Sacramento. Indictment for assault with intent to commit murder upon one Martenot, by shooting at him with a pistol. After the argument of the case had closed, and the Court had charged the jury, defendant asked the following instructions, to wit: , 1. “ If the jury believe from the evidence that the defendant had a reasonable ground to believe, from the nature of the attack, that Martenot, the party injured, had a design to take his life, or commit a felony upon his person, he was justifiable in shooting, although it afterwards appeared that no féloriy…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
Judgment affirmed. The Court had a right to make the rule, for its own government and that of counsel; and we see nothing in this case to show any such unjust and injurious operation of it as to induce us to interfere, if we could do so in any case, to reverse a judgment because it had been enforced in a particular instance.
It is true that injustice may be done a defendant in some cases by refusing to consider instructions because not offered before the argument, since such instructions may be necessary in consequence of the propositions or argument of the prosecuting…
2Cited by10 opinions
- People v. BourlandCalifornia Court of Appeal · 1966
- People v. BourlandCalifornia Court of Appeal · 1966
- State v. BarryNorth Dakota Supreme Court · 1903
- Korakakis v. FreemanCalifornia Court of Appeal · 1960
- People v. SelzCalifornia Court of Appeal · 1955
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